Arjun Chaudhary v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.5280 of 2019 Arising Out of PS. Case No.-243 Year-2018 Thana- MURLIGANJ District- Madhepura ====================================================== Arjun Chaudhary ... ... Petitioner/s

Versus

The State Of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Nishant Kumar Jha For the Opposite Party/s :

Mr.Pramod Kumar Pandey ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 27-03-2019 Heard the parties.

The petitioner seeks anticipatory bail in connection with Murliganj P. S. Case No. 243 of 2018, registered under Sections 406, 409, 420 and 34 of the Indian Penal Code. Allegation as per the F.I.R. against the petitioner is of committing irregularities in under-construction C.D. structure under Irrigation Division, Murliganj and further allegation is also not to supervise the work properly and also not taking action against the contractor in time.

Submission of the learned counsel for the petitioner is that he has paid 75% amount i.e. Rs. 13,43.042.00 as per agreement and as per contract for construction work and he came to know about the irregularities, Rs. 12,90,000.00 as usual was seized and deposited the same in the Treasury, as such, it is the petitioner, who has taken action against the contractor, however, he has been made accused in this case. It

Patna High Court CR. MISC. No.5280 of 2019(4) dt.27-03-2019 2/2 has also been submitted that the petitioner is ready to co-operate in investigation and he has no criminal antecedent. Heard learned A.P.P. who opposes the prayer for bail. Having heard both sides and in view of the facts and circumstances as discussed above, let the petitioner, above named surrender within a period of six weeks from the receipt of this order and on surrender, he shall be released on provisional bail to the satisfaction of the lower court concerned itself on the condition that the petitioner shall cooperate in the investigation and shall produce all the documents in support of his contention, however, even thereafter, if charge sheet has been submitted against the petitioner, he has to surrender and make prayer for regular bail, which will be considered on the basis of materials available on record at that time. This application is accordingly disposed of. (Vinod Kumar Sinha, J) sudha/- U T